Experiencing a slip and fall accident is embarrassing and painful enough, especially if you sustained injuries. You may have a case against the property owner or manager, but you still have to prove your case. Proving negligence can be difficult, but it’s vital to your case so you have a chance at collecting damages.
A property owner, manager, or their employees have an obligation to ensure that their property is safe for visitors, vendors, and others who have a reason to be there. They must keep current with repairs and maintenance in order to protect everyone who visits from hazards that can cause injury. Otherwise, they are negligent and not in compliance with the laws that govern premises liability.
Your claim hinges on four factors:
- The owner and/or manager owed you a duty of care to keep the property safe
- The owner and/or manager breached that duty
- That breach was the cause of your injuries
- Your damages (injuries and other financial losses) are a direct result of the accident
Proving all four of these factors is key to a successful claim, but you’ll also need critical proof for your slip and fall accident.
Even with injuries, it’s not enough to prove that your slip and fall are due to the owner or manager’s negligence. In order to prove your claim, there are critical pieces of evidence required to show that the accident was, in fact, due to negligent actions on behalf of the owner or manager.
- Injury Photos—pictures of your injuries before they are treated and healed are an ideal form of evidence. Use your cell phone (or a friend’s) to take pictures of your injuries and the area where the accident happened. Include what actually caused you to fall, such as broken flooring or a slippery area that isn’t marked.
- Medical records—Of course, you should see a physician immediately, even if you have to go to an emergency room. Explain to the physician exactly what happened. X-Rays or other diagnostics will follow, which become part of the medical records. Additionally, report the incident to the manager or owner before you leave the premises. If that’s not a possibility, call the owner as soon as possible after the accident.
- Proof of hazards—evidence of the area where you were injured is also vital. From slick or slippery conditions to torn carpeting and broken flooring, take as many pictures as you can from every angle possible so that anyone who is interested can clearly see why you had a slip and fall there. The pictures can be submitted along with your report to a manager or owner, as well as to your personal injury attorney.
- Public areas. Was the accident in a public area where multiple people could be hurt as a result of the hazard? Accumulated ice and snow or broken sidewalks can potentially injure a number of people if it goes unchecked. Consider calling the police and filing a report with them, which your attorney can also use for your case.
Critical evidence for your claim that shows your injuries goes a long way in demonstrating your case and increasing your chances of a better settlement, in or out of court.
Speak To The Love Law Firm First
After an accident, you’ll likely begin getting letters and phone calls asking you to settle your case immediately. We suggest you don’t do that and get in touch. Contact Charleston’s The Love Law Firm today at (304) 344-5683 and schedule your appointment with one of our slip and fall attorneys. We’ll discuss your case with you, explain your options and what to expect in a slip and fall accident settlement. We offer contingency fee arrangements, and there’s no fee if we don’t win your case.